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HomeMy WebLinkAboutMinutes - 19900321 ' u x. APPROVED 4/17/90 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, MARCH 21, 1990 The Orange County Board of Commissioners met in regular session on March 21, . 1990 at 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners Stephen Halkiotis, John' Hartwell, Shirley Marshall and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Ellen Liston, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Planning Director Marvin Collins, Director of Housing and Community Development Tara Fikes, Purchasing Director Pam Jones, Sheriff Lindy Pendergrass, Health Director Dan Rimer, County Engineer Paul Thames, Budget Administrator Rod Visser, Planners Mary Scearbo and David Stencil. NOTE: COPIES OF ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. I. BOARD COMMENTS Commissioner Hartwell asked for the Board's reaction to a proposal from TJCOG to enlarge their membership. Also, there may be an increase in the amount of dues paid by the County to Triangle J this year. Realignment was discussed and ,..Commissioner Marshall suggested that the regional forum investigate the viability of this request. Commissioner Halkiotis reported on the NACo Legislative Conference. He talked about the Cable TV dilemma and the Child Care issue. Commissioner Willhoit stated that this is not the year for enhancements in the budget. From every indication state revenues as well as County revenues will be decreasing next year. The Board agreed with Commissioner Willhoit. II. COUNTY MANAGER'S REPORT County Manager John Link informed the Board about a zoning situation in which the County issued a Stop Work Order to Mr. King whose property is located in Efland. There are a number of junk vehicles on this property in violation of the County's ordinances. The property owner has until next Monday to correct the problem or face paying $100 a day 'civil penalties starting next Tuesday. III_ ADDITIONS OR CHANGES TO THE AGENDA Item 9D - Poverty Forum Final Report was deleted from the agenda. Two appointments to the Personnel Advisory Board were added under Appointments. IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Those citizens who have indicated a desire to speak will be recognized at the appropriate time. .# 0 0 : L. MATTERS NQI ON THE PRINTED AGENDA Ms. Patricia Owen asked for the Board's assistance in getting her hybird wolf dog returned to her and her husband. According to the County 's Ordinance they are harboring a wild animal. The animal was picked up by Animal Control and is now being boarded in Durham County. She explained the dog is not wild and has never offered to bite anyone. The Board asked. the County Manager to follow up on this• situation and do whatever can be done administratively to have the dog returned to the owners. PUBLIC CHARGE Chairman Moses Carey, Jr. read the Public Charge. V ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the Consent Agenda as presented and as listed below: A SECTION 8 PROGRAM RESERVE FUNDS Approve the grant project ordinance and budget ordinance amendments to appropriate Section 8 program reserve funds in the amount of $112,000 for housing and community development purposes. The two amendments are stated below: 1. GENERAL FUND Source - Transfer from Other Funds $ 85,000 Appropriations - Human Services 47,500 - Miscellaneous 10,000 - Contributions to Outside Agencies 27,500 2. Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the ordinance adopting the "Section 8 Program Grant - 1989" project is hereby amended as follows: Section 1. Section 3 of the above mentioned ordinance is amended to read as follows: Existing $ 1,865,968 Moderate Rehab 425,331 Voucher 245,674 Appropriated Fund Balance 112.000 Total Revenues $ 2,648,973 Section 2. Aection 4 of the above mentioned ordinance is amended to read as follows: Rental Assistance - Existing $ 1,708 178 Rental Assistance - Mod Rehab 385,884 Rental Assistance - Voucher 224,352 Administration - Existing 157,790 Administration - Mod Rehab 39,447 Administration - Voucher 21,322 Section 8 Program Automation 27,000 Transfer to Other Funds 85000 Total Appropriations $ 2,648,973 B. BUDGET ORDINANCE AMENDMENT #11 # 003 To approve the amendments as listed below to the 1989-90 Budget Ordinance: GENERAL FUND Source - Intergovernmental $ 18,041 Appropriation - Human Services 18,041 (To budget for additional Child Day Care grant funds) Source - Intergovernmental $ 4,443 Appropriation - Human Services 4,443 (To budget for Independent Living Program grant funds) Source - Miscellaneous Expense $ 5,000 Appropriation - Contributions to Outside Agencies 5,000 (To transfer additional funds for the Adolescents in Need Program from Contingency) Source - Intergovernmental $ 13,338 Appropriation - Miscellaneous Expense 13,338 (To budget for Emergency Shelter Grant Program funds) Source - Intergovernmental $ 20,000 Appropriation - Miscellaneous Expense 20,000 (To budget grant funds for Community Housing Alternatives) Source - Appropriation Fund Balance $(85,000) Appropriations - Miscellaneous Expense (10,000) - Human Services (47,500) - Contributions to Outside Agencies (27,500) (To decrease General Fund appropriations for housing related purposes and for appropriated fund balance) C. FIRST UNION NATIONAL BANK LEASE PURCHASE PROPOSAL - EQUIPMENT To approve and authorize the Chair to sign a lease purchase proposal submitted by First Union National Bank of North Carolina for the purchase of a hazardous materials vehicle and for telecommunications hardware and software upon review and approval of County Attorney and Finance Director. The total amount to be financed is $417,200. D. TAX REFUNDS REQUEST To approve four request for refund of tax bills as listed below: Acct. # 85981 Norman M. Walters $ 426.12 Acct. # 20012 James & Zuliene Douglas 78.08 Acct. # 112189 Mils J. Hoffman, Jr. 29.97 Acct. # 119585 Allen L. & Karen S. Bishop 29.44 E. AGREEMENT BETWEEN WAKE COUNTY OPPORTUNITIES INC. & 2L2 HEALTH DEPT. To approve and authorize the Chair to sign a renewal agreement between Wake County Opportunities Incorporated for its Head Start Program and the Orange County Health Department for its Dental clinic to provide dental services to children enrolled in the Cedar Grove Head Start Center. VOTE: UNANIMOUS # a. 04 VI RESOLUTIONS/PROCLAMATIONS A. COMMUNITY DEVELOPMENT WEEK Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to adopt and authorize the Chair to sign the proclamation designating April 7 - 14, 1990 as Community Development Week in Orange County. The Proclamation is stated below: • PROCLAMATION NATIONAL COMMUNITY DEVELOPMENT WEEK APRIL -7 - 14, 1990 WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; WHEREAS, community development block grant funds are used by thousands of neighborhood-based nonprofit organizations throughout the Nation to address pressing neighborhood and human services needs; WHEREAS, in the last several years the Federal Government has reduced Federal assistance to local governments and nonprofit organizations; WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing, the massive rise in homelessness, and the resurfacing of hunger and malnutrition; WHEREAS, during this time of Federal withdrawal from responsibility, the COMMUNITY ) DEVELOPMENT BLOCK GRANT PROGRAM has assumed increasing importance for meeting pressing community problems; WHEREAS, the Congress and the Nation has often overlooked the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; WHEREAS, the Congress of the United States has declared April 7 - 14, 1990 COMMUNITY DEVELOPMENT WEEK; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners proclaim April 7 - 14, 1990 COMMUNITY DEVELOPMENT WEEK and call upon all citizens of our County to support the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. GIVEN UNDER MY HAND AND THE SEAL OF THE COUNTY OF ORANGE, ON THIS THE TWENTY FIRST DAY OF MARCH, IN THE YEAR OF OUR LORD, NINETEEN HUNDRED AND NINETY. VOTE: UNANIMOUS. IL. REPORTS A. CARDEN'S MOBILE HOME REPORT County Engineer Paul Thames referred to the proposed plan that was submitted to DEM to correct the situation with the disposal of waste at Carden's Mobile Home Park. He explained that Carden' s is presently served by two discharging septic tank/sand filter systems and five conventional nondischarging septic #.o .o .. tank/nitrification field systems. The existing plans calls for eleven (11) mobile homes to discharge into the new treatment system. Mr. Harden who is trying to purchase the mobile home park indicated he would, be willing to hook up all the trailers to the new system to insure maximum treatment of the waste. Mr. Harden informed Mr. Thames that an application was submitted this afternoon for a revised SOC and for a revised MPDES permit to discharge the waste to Stoney Creek and to allow them to increase the waste loading to pick up every existing and potential trailer on. this lot. In all likelihood, the actual changing of the discharge point may not occur until late summer or early fall. Health Director Dan Reimer reported that the screening tests done by the State Lab did show significantly high levels of human chloroform that would constitute a public health nuisance. Mr. Reimer stated that his responsibility in such a finding would be to consider what appropriate action is necessary. The State Assistant Health Director reviewed the findings and stated that the issuing of an abatement order was a possibility although the trend in the state is to use that strategy as an intervention in those cases where the owner has either resisted resolving the problem or there is no solution apparent and action needs to be taken. In this case the present owner and the possible new owner have taken action that has been ordered by DEM and it does not appear that issuing an abatement order at this time would move anything along any faster. However, if anything in the system of steps being taken break down, the grounds are there for issuing an abatement order. John Link informed the Board that the administration will keep them informed on the progress of the installation of the new system. Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to approve the resolution as stated below. This will be presented at the public hearing to be held next week by DEM on Carden's Mobile Home Park. R E S O L U T I O N A resolution from the Orange County Commissioners to the North Carolina Division of Environmental Management regarding the relocation of the point of . discharge from the waste treatment facility serving Carden's Mobile Home Park. WHEREAS: A substandard waste treatment facility serving Carden's Mobile Home Park has been discharging untreated sewage to a roadside storm drainage ditch on Hwy 70 for nearly twenty years; and WHEREAS: Said untreated sewage has been flowing across and ponding on the property of one Talmage Stephenson for nearly twenty years; and • WHEREAS: Mr. Stephenson and other area residents have been attempting without success to have said untreated sewage flow abated or diverted for nearly twenty years; and WHEREAS: The division of Environmental Management has scheduled a public hearing for the purpose of receiving public comment on a Special Order by Consent under which a new waste treatment facility at Carden's Mobile Home Park will operate and discharge; Be it resolved that the Board of County Commissioners most urgently request that the Division of Environment Management direct Carden's Mobile Home Park to cease discharging waste treatment effluent to its present point of discharge and to pipe the waste treatment effluent along the Hwy 70 right-of-way to Stoney Creek or to stop discharging effluent and install a non-discharging system. /VOTE: UNANIMOUS # 00.6 RURAL CHARACTER STUDY UPDATE Planner David Stancil reported that the Rural Character Committee has been working very diligently on (1) development of a set of guidelines for the Rural Buffer section of the County, and (2) education of the public by holding meetings in the townships to involve the citizens and respond to their concerns. . Mr. Clink Burklin, Chairman of this committee, reported on the activities of this committee. He stated that the Rural Character Study Committee received 'the consultants recommended strategies for preserving the rural character of Orange County last fall. While these recommendations introduced new ideas, they were not responsive to a lot of the input that the committee received from the local community. The Rural Character Study Committee subsequently met in many intense sessions throughout the winter to develop a rural character preservation plan directed at the unique needs of Orange County. The Committee has now developed a draft plan for preserving the rural character of the Rural Buffer portion of Orange County. The process is to canvass the community to receive comments on the draft plan. The second task is to develop a plan for the remaining rural areas of Orange County. The committee requests that the County Commissioners grant them an additional two months to finish their work and prepare their recommendation for the Commissioners consideration. After ensued discussion, it was the consensus of the Board to give the Committee an additional month to complete its work and to report back to the Board of Commissioners at the end of this month. Carole Crumley, spoke as a member of the Rural Character Committee, and the Chair of the Education Subcommittee. They are in the process of simplifying the language that was very difficult for citizens to understand. She feels that this education process is community based in that the community is involved in telling the committee what they feel the issues are that the County face. - Bob Strayhorn stated their committee worked hard in educating the public and that the education process is making progress. The citizens are listening and asking questions. It is their hope that when this goes to public hearing that the citizens will understand and support the plan. C UPPER ENO WATERSHED RECLASSIFICATION Paul Thames provided information on the possibility of and the procedure for obtaining upgraded water supply watershed classification for the Upper Eno River basin and the Seven Mile Creek basin. Because of all the departments involved in the process of reclassification it becomes a very involved and complicated procedure. The application process for any change in the water classification would start with the governing board having jurisdiction over the land in the watershed. They would pass a resolution stating it was their intent to have DEM give them a watershed upgrade. In addition to that, the County would submit information about any watershed protection measures that are,already in effect, present zoning, any programs run by the Soil Conservation for protection of erosion, the standard construction erosion sedimentation control measures and zoning densities, etc. DEM will then study the information, investigate the existing water quality and rule on the upgrading request. H.B. 156 will require DEM to identify all the watersheds in the state and determine its best use. Every local government having zoning, subdivision, etc. , jurisdiction over the newly classified watersheds is to enact local regulations which protect the watersheds to the degree specified in the new statewide classifications and regulations. He explained the options available to the County to upgrade the watershed classifications for these two basins. Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to write a letter to DEM emphasizing that for a long time Orange County has identified Seven Mile Creek as a future reservoir and have been taking measures to protect that -/ -0 0 7 area from development and request that it be given a reclassification to WSII. This letter would indicate a willingness on the part of the county to take whatever steps iecessary to achieve that designation. This letter will be shared with the Town of Hillsborough on March 26 at a Special Meeting between the two Boards. VOTE: UNANIMOUS D. POVERTY FORUM FINAL REPORT (DRAFT) This item was deleted from the agenda. X. ITEMS FOR DECISION = REGULAR AGENDA A APPOINTMENT TO LANDFILL SITE SEARCH COMMITTEE Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to appoint Susan Dovenbarger as the County's governmental representative to the Landfill Site Search Committee of the Landfill Owner's Group. VOTE: UNANIMOUS. CULBRETH PARK INTERIM ASSISTANCE GRANT PROGRAM Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to approve execution of the Development Agreement with Culbreth Park Community Development Corporation and the Grant Agreement/Funding Approval with ECD after final award has been received and authorize the Chair to sign the documents contingent upon approval in form by the County Attorney. VOTE: UNANIMOUS C PROPOSED ENABLING LEGISLATION - AFFORDABLE HOUSING AND FARM PRESERVATION AND WATERSHED PROTECTION AND BONDING FOR OPERATORS OF ALTERNATIVE WASTEWATER SYSTEMS County Attorney Geoffrey Gledhill asked the Board to consider requesting local legislation for (1) clarifying the County's ability to grant housing density bonuses (2) clarifying the County's ability to purchase development rights for purposes of farm preservation and watershed protection, and (3) requiring operators of community alternative systems to secure the operation of those systems for some significant period of time by requiring the operators/owners to be bonded. The bond would be sufficient to cover some period of time of operation. Bills for proposed legislation must be submitted by May 29. Verla Insko, Chair of the OWASA Board, asked that OWASA be given an opportunity to respond to this proposal before it is submitted. It was decided to have the proposed legislation drafted and distributed to OWASA and the municipalities for their comments. Motion Baas made by Commissioner Willhoit, seconded by Commissioner Hartwell to authorize the County Attorney to prepare local legislation to (1) clarify Orange County's authority to provide density bonuses for affordable housing, (2) to clarify Orange County's authority to acquire land and an interest in land for farmland preservation and watershed protection, and (3) to require the owners/operators of alternative wastewater systems to be bonded. VOTE: UNANIMOUS SPECIAL REPORT FROM COMMISSIONER MARSHALL Commissioner Marshall gave a report on the Special Meeting held on March 12 by the Utilities Commission. She stated they had three speakers who were very effective. Southern Bell is going to submit an entirely new proposal which does not have the 1`; 3` 11 'J support of the Triad or Orange County. D. SPECIAL COMMITTEE FOR EAS _ Chairman Moses Carey stated that this Special Committee would be charged with developing strategies for convincing the Utilities Commission of the importance of toll free calling to the citizens of Orange County. Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to establish this Special Committee and to appoint Frances Douglas, David Garrison, Daryl Dunlap and Harry F. Robinson to this committee. VOTE: UNANIMOUS. XI. APPOINTMENTS The following appointments were approved by the Board. BOARD OF HEALTH - Beverly Havens to fill the unexpired term of Winifred Prysock RECREATION AND PARKS ADVISORY COUNCIL - Michael R. Ford - Bingham Township Rep. PERSONNEL ADVISORY BOARD - Dr. Kit Simpson and James Britian XII. MINUTES Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the minutes for the February 20, 1990 Regular Meeting as corrected. VOTE: UNANIMOUS Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to approve the minutes for the February 26, 1990-Joint Public Hearing with the Planning Board as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the minutes for the February 28, 1990-Joint Planning Area Public Hearing as corrected. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - TO DISCUSS A PROPERTY MATTER AND ATTORNEY CONSULTATION ON A LEGAL MATTER Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to go into Executive Session to discuss a property matter and for attorney consultation on a legal matter. VOTE: UNANIMOUS Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to go back into regular session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to be discussed, Chairman Moses Carey, Jr. adjourned the meeting. The next regular meeting will be held on April 2, 1990 at 7:30 in the Courtroom of the Old Courthouse in Hillsborough, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr. , Chair